Feds Suddenly Paying Attention To H-1B Abuse, Arrest 11http://www.businessinsider.com/feds-suddenly-paying-attention-to-h-1b-abuse-arrest-11-2009-2/comments
en-usWed, 31 Dec 1969 19:00:00 -0500Fri, 18 Aug 2017 00:24:27 -0400Eric Krangelhttp://www.businessinsider.com/c/4cf7bc25ccd1d570530c0000JimThu, 02 Dec 2010 10:32:53 -0500http://www.businessinsider.com/c/4cf7bc25ccd1d570530c0000
I have a simple solution (that I've been advocating for years) - Software Engineering licensing. Most Engineering professions require a state or federal licensing examination - and Engineers are responsible for their work... why not the same for Software Engineers? IEEE could create such a base exam, and the Fed govt could require anyone working in the profession to pass in order to get a job.
Then if an H1B or L1 or whatever wanted to work in the US, all they have to do is pass the exam (like all US citizens) - which will level the playing field. If the goal is really to bring in the "best and brightest" then something as simple as a basic skills examination won't be an issue - and US citizens would benefit as well, as licensed software engineers will be reluctant to sign off on projects that they know are flawed.
Imagine the overhaul to the IT industry this would cause - more successful projects, better engineered (less buggy) software, a guarantee that workers in the industry have minimal skills and English proficiency.
The lobbyists on capitol hill would hate it, but it would be a great step forward for our country in terms of competitive advantage.... without having to go into all the arguments pro/con immigration policy.http://www.businessinsider.com/c/4bb963df7f8b9ad40da20000CarlMon, 05 Apr 2010 00:15:27 -0400http://www.businessinsider.com/c/4bb963df7f8b9ad40da20000
They would need more then that at Microsoft. It's commonly known at Microsoft that Indian Program Managers will only hire indian H-1B visa holders so they can become citizens. There are entire departments at MS that are completely Indian.http://www.businessinsider.com/c/467a6c7951e1df4998c41e00AIG BankerFri, 10 Apr 2009 20:16:17 -0400http://www.businessinsider.com/c/467a6c7951e1df4998c41e00
NOOO!
Oh my, I hope I don't get audited. I just hired a couple dozen L1 visa guys after firing 6 Americans. I'm not supposed to do that, but I couldn't help it; they were willing to work for $2 an hour.
I do have this bailout money that I can use to pay for lawyers. http://www.businessinsider.com/c/0b7a6c7945a1db4982367f00joe_vTue, 07 Apr 2009 14:53:57 -0400http://www.businessinsider.com/c/0b7a6c7945a1db4982367f00
Mickeyc I disagree on what you said
I have travelled out of this country many times and always welcomed by following words "Welcome Home Sir"
http://www.businessinsider.com/c/0f37544bd49cae492f8fff00KamkWed, 04 Mar 2009 10:22:59 -0500http://www.businessinsider.com/c/0f37544bd49cae492f8fff00
You pay peanuts you get Monkeys. I have never seen a green card holder create jobs for more americans - they hire all their buddies from their home towns and push americans out of jobs. I've seen it first hand and no the quality or productivity is not better.
American did excelled technically and we do train folks to replace our jobs.
Our country will excel again, H1B is to supplement the jobs not circumvent American employment that's the intent - it's been abused.
American's don't live 5 people to a one bedroom apartment either, and we spend our $$'s here. We don't hoard our money and cash it in in a foreign land for a great exhange rate.
I'm not against immigration, my parents are children of immigrants - I'm for balance what is right for this country.
I am withholding my spend of American $$'s on vendors who have a high degree of H1B's and have laid off american workers and for those who offshore a high percentage of IT or BPO.
Enough is enough - I'm voting with my pocketbook.http://www.businessinsider.com/c/a537544bb86e9f499d80e200Riot in DetroitFri, 20 Feb 2009 22:02:16 -0500http://www.businessinsider.com/c/a537544bb86e9f499d80e200
I recently watched Chrysler outsource all IT operations to TATA. A few of my friends were let go. One was asked to stay and teach the TATA employees how to keep the lights on. To shortsighted bean counters, outsourcing to the lowest bidder seems like the best solution. It's a good theory and looks good on paper. It seldom works out as planned. There is always a learning curve but add language, cultural barriers and time zones and things get interesting. And expensive. I've even seem outsourced projects fail after exceeding budgets by over 100%.
Longer term, if we don't take care of our US citizens, (employ experienced workers and pay them fairly) the US will cease to be the largest consumer market in the world. The middle class will disappear. We're already seeing the ripple effect caused by of the slowing US economy.
As an example look at what is happening in China. 20-30% of their plants have closed.
BTW SAAB filed for bankruptcy today. An example of how far reaching the US auto industry is.http://www.businessinsider.com/c/bb7a6c79da149f496a8b8000SageFri, 20 Feb 2009 15:38:50 -0500http://www.businessinsider.com/c/bb7a6c79da149f496a8b8000
Its about time the fed gov did something about visa fraud!!
however, until we have an education system that promotes the sciences (and leaves intelligent design in religious ed) we will need the foreign IT / engineer / tech guys.
we should be promoting legal immigration with protection for vulnerable immigrants and persecuting those who take advantage of them - sad it takes a sinking economy to get this action.
Protectionism is a natural tendency during economic downturns, but whether its capital, material or labor, its always a bad idea. always fails - it failed in the US in the early 30's, Germany in the late 30's, the UK in the '70's (led to the collapse of the british auto industry) Japan in the '90s
btw - that 65000 cap is strictly followedhttp://www.businessinsider.com/c/bf7a6c7920709d49ce84a300BobcThu, 19 Feb 2009 09:43:44 -0500http://www.businessinsider.com/c/bf7a6c7920709d49ce84a300
Rajesh,
I am all for putting the Statue of Liberty in storage for a while....at least until we get this country back on track!http://www.businessinsider.com/c/e2b9b914936f9d496ed4ac00BobcThu, 19 Feb 2009 09:41:23 -0500http://www.businessinsider.com/c/e2b9b914936f9d496ed4ac00
I am all for the enforcement of all our immigration laws, and cracking down on the abuse of the Visa programs. Go to youtube.com and look for that video that shows lawyers speaking to business owners, telling them how to appear to be looking for a US citizen worker, but how to hire a Visa worker.
I can remember when citizens supported citizens, it's time to get back to those values.
Spain is actually paying their immigrants (the news item did not say if they were legal or illegal), to leave Spain because they do not have enough jobs for their own citizens.
Thank goodness, some countries try to protect their own citizens' jobs!http://www.businessinsider.com/c/2837544b9d639a49c9c94b00Rajesh KhannaTue, 17 Feb 2009 02:13:33 -0500http://www.businessinsider.com/c/2837544b9d639a49c9c94b00
To All descendants of European immigrants from last 200 yrs living in USofA:
1. Dont call yourself "Americans", Please! You never are. You are all simply descendants of immigrants.
2. Please create a Law right now than bans ALL IMMIGRATION, h1b, Lib ..and VISA.
Ban all Tourism as well.
Ban all Business Trips (why do business with other countries? Do it inside USofA.
Ban all IMPORTS (imported products & services are made by "foreigners" Gasp!)
3. Build an IRON WALL all around the US. We (the rest of the world) will PAY for it as well.
4. Destroy the Statue of Liberty and throw it in the atlantic.
5. Stay inside your Iron Fortress, start nationalizing your companies in the guise of "bailout'. Get out of Iraq and use the war funds to give more handouts.
6. Welcome to the New Soviet Union: The US of A
7. Let the rest of the world prosper in peace via free trade, free movement of capital and people.
8. Impeach your new President Saviour, Mr Obama...who is the son of an immigrant.
http://www.businessinsider.com/c/2837544b202f9a4983c34b00John SmithMon, 16 Feb 2009 22:29:36 -0500http://www.businessinsider.com/c/2837544b202f9a4983c34b00
>> And I could point out that the best part of you ended-up as a brown stain on the sheet--
Sure.. At least I got the brown stuff out of me, you on the other hand are still full of it.
>> but in both instances it's just sheer stupid assertion presented as fact.
If you were in high tech, or Silicon Valley or had attended an engineering course in the past 5 years or so, you would know how to sift through fact and fiction. Because you are full of it (the 'good' brown stuff) you want to pose as something you are not, but the brown stuff comes across. So keep that sphincter tight and hold all that 'good' brown stuff in.. Itll help you land that $100/hr IT gig.http://www.businessinsider.com/c/7a7a6c79402b9a49eebdbf00Only in America this job Ad is possibleMon, 16 Feb 2009 22:13:05 -0500http://www.businessinsider.com/c/7a7a6c79402b9a49eebdbf00
http://seeker.dice.com/jobsearch/result/RTL032335/MSINH-020509/US/SAP/Princeton~NJ/software---i-t-professionals-only-h-1b
http://www.businessinsider.com/c/7a7a6c79e71e9a493dbbbf00H1-L1 is here to stay 4everMon, 16 Feb 2009 21:20:23 -0500http://www.businessinsider.com/c/7a7a6c79e71e9a493dbbbf00
Here is why L1 and H1bs are here to stay for ever in this country.
- When an employee is paid 100K (for example) for an experienced IT guy, the company calculates the total expense for the employee as 200K (based on his 401K, training, sickdays, vacation, pension if exists, liability such as medical insurance, etc). This comes to about $100/hour ($200k/year)
Then they look at a contractor expense say at $75-$80/hour. At that rate (which is $150K-$160/year), which is cheaper than $100/year the company is paying the present employee. Now, the H1 company (contracting house) takes the $75/hour, gives the H1B candidate 65k/year (which is about $33/hour), a medical insurance worth $10/hour (these guys are young and group insurance is much less than what you think), and pockets the rest (about 20-35$/hour), which amounts to anywhere from 30k to 60k.
Believe me, I am not exaggerating. My figures may be off by 1bout 10% not more that. These are the figures given by a very close friend who runs a consultancy company and he feels sad he is doing this unethical business ;-)
These figures are per candidate. This explains, why these guys have money to lobby the congress ;-)
http://www.businessinsider.com/c/99b9b914a2489849adf3ab00LouieSun, 15 Feb 2009 11:53:54 -0500http://www.businessinsider.com/c/99b9b914a2489849adf3ab00
"I could point out how without immigrants - there is no silicon valley"
And I could point out that the best part of you ended-up as a brown stain on the sheet--but in both instances it's just sheer stupid assertion presented as fact.http://www.businessinsider.com/c/99b9b9147f42984965f0ab00John SmithSun, 15 Feb 2009 11:27:43 -0500http://www.businessinsider.com/c/99b9b9147f42984965f0ab00
>> They (most staffing firms) rent a townhome or an apartment close to public transportation, so that the new comers (H1B candidates) can walk to public transport for their initial interview phases and later jobs.
That certainly happens but is that the only way H1s are used? I could point out the missing American students in the nations engineering programs, I could point out the lack of mathematical skills in high school students, I could point out how without immigrants - there is no silicon valley, but you guys didnt get your prejudice by way of reason, so whats the point in reasoning with people like you?
So this is the only argument you deserve. Get off your lazy far bum and get an education!!@#@!#http://www.businessinsider.com/c/827a6c79173e984941aaca00Yugo ChavezSun, 15 Feb 2009 11:08:55 -0500http://www.businessinsider.com/c/827a6c79173e984941aaca00
To the moronic "John":
Yes, whites, those "lazy bastards with poor work-ethic." We lazy bastards have done nothing other than build civilization up from the soup. Though of course white civilization holds no candle to the hard-working, peaceful and prosperous "civilizations" created by other races...Just compare Lagos to Salt Lake City.
And as for your rant on the awfulness of America. Odd that all of these "ferners" the Indians, Africans, Haitians, Mexicans, Chinese...ad infinitum ALL want to come to this wretched white majority place and leave their own home paradises. So very odd indeed.http://www.businessinsider.com/c/e137544bbecf974996b14500AshokaSun, 15 Feb 2009 03:18:06 -0500http://www.businessinsider.com/c/e137544bbecf974996b14500
It is not a trivial thing to ignore and it is not just about 11 folks!! All we hope is, the immigration authorities looks into practices of staffing firms.
Anyway, here is how a typical H1B candidate's life starts in US. See how nice a staffing firms cares for their employees ;-).
As soon as the candidate arrive at airport, the staffing firm arranges a Limo pickup from airport, They keep 4-5 candidates in an apartment (more, if townhomes are rented), and the candidates stay there till they settle with basic needs (with driving permit, social security number, apartment, etc). For this service, they staffing firms will get 25-30% of their paycheck, for the next 6 years (till they get Greencard) from these candidates!!!.
They (most staffing firms) rent a townhome or an apartment close to public transportation, so that the new comers (H1B candidates) can walk to public transport for their initial interview phases and later jobs.
And, remember, the telephone interview for jobs starts immediately the next morning when the candidate gets out of bed in USA, even before those poor guys come out of their jetlag.
One by one, they get placed (thanks to hiring managers, who waited for long to get the new talent that was not available in this country till then!!), and the next training cycle starts from US companies.
BTW, the rented apartment/townhome is used for in-house training often, as those unable to find a job (or new hires) will be trained by experts in the needed field!! for a weekend crash course for new skill needed by companies!!http://www.businessinsider.com/c/41b9b914a2bc9749a846f200X1LSun, 15 Feb 2009 01:56:34 -0500http://www.businessinsider.com/c/41b9b914a2bc9749a846f200
Sorry, Smith (Agent Smith I take it). H1-B was pitched by the Phil Grahms of this country. You're rants of undereducated Americans fall on deaf ears. Nothing but a sea of unethical Indian and Chinese half-wits that have been given the keys to the kingdom.
You're losing power. You should just go back home. Your masters wont be able to feed you soon.http://www.businessinsider.com/c/007a6c79387a9749d26cc900John SmithSat, 14 Feb 2009 21:13:12 -0500http://www.businessinsider.com/c/007a6c79387a9749d26cc900
11 people get arrested for visa fraud and suddenly, the entire H1 program is a fraud. Let me try to understand this correctly..
Americans dont educate their kids, Americans consume more than they produce for years, Americans get into costly wars that they cant afford, and when their economy gets sick, suddenly its the immigrants fault? :-D
What a bunch of pathetic whining loosers.. http://www.businessinsider.com/c/e137544b583a9749039c4500AshokaSat, 14 Feb 2009 16:40:40 -0500http://www.businessinsider.com/c/e137544b583a9749039c4500
I am sure, even after 10 years we will still be discussing H1-L1 visa issues!!
Every time, Immigration authorities tried to get a hold on these visa violations, the staffing firms and the hiring companies found a way to circumvent the regulations. It is a cat and mouse game, but unfortunatelt the mouse is way ahead of the cat!!!
Here are some examples:
Couple of years ago, thousands of staffing firms were run from the staffing firm owner's home. Immigration authorities clamped on such practice. The result: they now have a address, because they rent a suite, that costs little over a thosuand dollars/month. Not a big deal to pay a small rent, when you realize the staffing firms make about 25-30% of the earlings of the candidate till he/she gets green card.
Immigration authorities insisted that, the employers need to pay salary every month to the candidates (no break and bench sitting). The staffing firms came out with a wonderful idea. They pay the H1 holder the minimum monthly payment as per the H1B law, and they pay the candidate the rest of the money during the bench period, when the H1 candidate is unable to find the job. It is a win-win situation. The staffing firms are not breaking any law, not paying the money from their pocket and the candidate gets to keep the money for rainy days and visa without any problem!!
We have to realise the H1 or L1 candidates are not the guilty ones. Who would not try to improve their lives and their family? The problem is, the staffing firms and the companies are abusing visa programs and thereby the candidate. The companies want to get a young work force, reduce their liability while the staffing firms want to make quick money without any risk. Where can you run a business with zero risk, except a staffing firm? How many staffing firms have you heard filing chapter 11 or chapter 7? As soon as they find the H1B candidate is not making any money to them (as a result of his failure to find a job), they will let him go or sell his services to other companies (corp to corp adjustment).
Staffing firms are easy to start. No infrastructure is needed, except for a small room/suite, a fax machine, few phones (very important - for telephone interview for bench candidates), internet access, a water fountain, a colorful web site with American citizen's pictures, a digital camera (Immigration authorities I heard are asking them the pictures of their offices as a proof), an english speaking spouse with a knowledge of a key hot areas that are in demand, and a rest room ;-).
It is no surprise, lots of small to medium staffing firm owners were H1 candidates themselves few years ago!!! and then started these companies when they got their green card. Initially they go through big staffing firms to place their H1Bs (due to their lack of contacts/influence), and later (when they establish themselves) they try to get to the client list (called "vendor list " ) that helps them to cut the middlemen ;-), so that they can pay the candidate little more (rarely, if he /she threats to leave him) and increase their profit.
One option immigration authorities can pursue is, insist that the H1B candidate works for the company that sponsored him. No sub-contracting to another staffing firm, then that staffing firm sending them to the actual client. Also, insist that not more than 20% work force in their company is temporary visa based employees.
Once those are taken care of, then the immigration authorities can take on the big fish (big companies) as it is easy to compare and track the wage rates for a H1B and a US worker.
http://www.businessinsider.com/c/41b9b9144c239749eb26f200JohnSat, 14 Feb 2009 15:02:19 -0500http://www.businessinsider.com/c/41b9b9144c239749eb26f200
Hey, Mr. "WTF?", this isn't personal. You're just the next group of "THOSE PEOPLE" in the firing-line. This is what you can expect more of in the future. You see, the major racial group in the USA has been pissed out of their minded about "those people" since the civil-rights movement in the 60's (actually since the civil-war). BUT, now that it's not possible for the majority racial group to actually publicly insult "THOSE PEOPLE" they need another scapegoat to blame instead of admitting they’re a bunch a lazy bastards with poor work-ethics. But, they can't admit this because their imaginary-friend keeps telling them THEY are god's new chosen-people. And, in case you haven't noticed, their imaginary-friend has LOTS of opinions; especially about "THOSE PEOPLE", the fornication-harlots - and MOST importantly - where the male's 5th appendage is allowed to go.
So, now "you ferners" are the new "THOSE PEOPLE". Americans gotta have somebody to hate, that's what our history is. Welcome to `merica btw.
http://www.businessinsider.com/c/007a6c79401997498751c900WTF?Sat, 14 Feb 2009 14:19:28 -0500http://www.businessinsider.com/c/007a6c79401997498751c900
Ok, as a previous H1B holder, I figure I should remind the anti-immigrant crowd just what the US immigration system is like. I came to this country and got two degrees from MIT. I spent over five YEARS waiting for a green card application, which myself and 200,000 other people were stuck in due to a tremendous backlog. By the time I am eligible to apply to be a US citizen, my guess is that I will have been in this country for 10 years.
So, to all those "why don't you just apply for citizenship or STFU" crowd - the US is already extremely difficult to immigrate to. The real kicker - it isn't difficult to immigrate to because the restrictions are high; it is difficult to immigrate to because the bureaucratic wait is so long. Having two degrees from MIT doesn't put me further ahead in the line; as far as I can tell they look at each applicant one by one - the bean farmer and the neurosurgeon are equally valuable in the eyes of the immigration people.http://www.businessinsider.com/c/007a6c796f0d9749ba4fc900JohnSat, 14 Feb 2009 13:29:03 -0500http://www.businessinsider.com/c/007a6c796f0d9749ba4fc900
HA. Gotta laugh at angry white anti union IT workers demanding that the government (the evil government that handed out "their hard earned tax money to those welfare queens" for all these years, the government) should now save their asses.
Where is your "survival of the fittest" attitude NOW that you want welfare! What WOULD Ronald Reagan think of this government intervention in the FREE MARKET!?! We’re from the gov’ment, and we’re here to help!!!
http://www.businessinsider.com/c/5f7a6c79faee964990f2db00Fix the H1L1 systemSat, 14 Feb 2009 11:19:06 -0500http://www.businessinsider.com/c/5f7a6c79faee964990f2db00
I have more than 14 years experience in a senior role as a system architect on most recent technolgies. I tried to relocate to Dallas, TX hoping to find a permanent job, and posted my resume online. Do you know how many real companies responded? Answer is 0.
I got lots of calls from head hunters and staffing firms, and one of them even had the arrogance to tell me, that I am being over paid presently for my skill set!! And they all lost interest once they found out that I am a US Citizen!! I came to this country as a student, worked in campus jobs on hourly basis, paid my tution, worked hard to achive what I am now, and became a citizen.
Sad, this country is hijacked my crooks in the form of staffing firms. http://www.businessinsider.com/c/2c37544b107896493011bb00JatalSat, 14 Feb 2009 02:51:44 -0500http://www.businessinsider.com/c/2c37544b107896493011bb00
I suggest they start looking at the startups who go "international" very early for H1B abuse and abuse of the "pleasure visits" from their workers living in partner countries. Sure, they're trying to get off the ground "cheap", but these companies steal university I.P., depress tech salaries, abuse their workers, and look for the highest "international" bidder. None of this benefits American Business, not to mention the workers they damage for profit. http://www.businessinsider.com/c/47b9b9142e589649c40f4500Harkwar YugurSat, 14 Feb 2009 00:35:42 -0500http://www.businessinsider.com/c/47b9b9142e589649c40f4500
The idea that limits on H1B visas equals protectionism makes no sense. In the past 75 years there has not been any period during which legal immigrants could enter the US (or any of the other major industrialized nations) and stay for an extended period of time without a visa.
H1B is just another of those programs. It's a specific program whose purpose was to allow the best and the brightest foreign residents to live for an extended period in the US because they were of significant value to the country; they filled a gap in the employment ranks that could not be filled by a legal resident. The reasoning was that certain very technical jobs were sellers markets (employees could write their own ticket) and there were not enough people to fill those jobs.
The employment trend reversed and with record layoffs there are tons of skilled unemployed workers. It's now a buyers market and there is no need to look to special programs to bring workers in to fill technical jobs.
H1B visa holders knew, or should have known, that the visa was not a permanent one. And with a down cycle the opportunities that afforded them visas are no longer there.http://www.businessinsider.com/c/467a6c79285596491f9ad300KC WilliamsSat, 14 Feb 2009 00:22:48 -0500http://www.businessinsider.com/c/467a6c79285596491f9ad300
It seems they all are Indian. But correct me if I'm wrong.
So the stereotype of Indians only hiring Indians and exploiting them (since many h1-b's are victims of their own people's exploitation) seems to hold some water. There could just as easily have been 11 Chinese or Russian names there.
So when will they arrest Thomas Friedman for taking payolla from these people???http://www.businessinsider.com/c/ac37544ba24796490e3cf900rAinMaKeRFri, 13 Feb 2009 23:25:06 -0500http://www.businessinsider.com/c/ac37544ba24796490e3cf900
Here is the press release from ICE.
11 arrested, indicted in multi-state visa fraud operation
DES MOINES, Iowa - U.S. Immigration and Customs Enforcement (ICE) agents arrested 11 individuals in seven states Wednesday as part of an investigation into suspected visa and mail fraud. Matthew G. Whitaker, U.S. Attorney for the Southern District of Iowa, announced the operation, which was carried out by federal, state and local law enforcement agencies in Iowa, California, Massachusetts, Texas, Pennsylvania, Kentucky and New Jersey.
Vision Systems Group Inc., a New Jersey Domestic Profit Corporation with a branch office in Coon Rapids, Iowa, was also indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.
"Today's multi-state enforcement action is the result of an extensive, ongoing investigation into suspected H-1B visa fraud, mail fraud, and conspiracy," said U.S. Attorney Whitaker. "Dubbed "Operation Pacific Vision," this investigation is the result of outstanding cooperation and collaboration among law enforcement agencies at all levels of government."
The investigation is being conducted by ICE in collaboration with U.S. Citizenship and Immigration Services' Fraud Detection and National Security Division (FDNS); U.S. Department of Labor's Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; Social Security Administration's Office of the Inspector General, and is supported by the U.S. Attorney's Office for the Southern District of Iowa.
"This case highlights the Department of Homeland Security's commitment to identifying and dismantling visa fraud schemes," said Homeland Security Acting Assistant Secretary for ICE John P. Torres. "Ensuring the integrity of our nation's legal immigration system is a top priority for ICE."
"This is a prime example of how the Department of Homeland Security identifies fraud," said Michael Aytes, USCIS's acting deputy director. "Our adjudication officers can spot inconsistencies during the application process that ultimately led to the successful outcome we're seeing today. Visa fraud undermines the integrity of the immigration system and I'm proud that our officers have helped to ensure that the American people and our customers can continue to depend on a reliable system."
Federal authorities, with assistance from state and local law enforcement, served search warrants at addresses in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; and in South Plainfield, N.J.
This investigation involves companies that sponsor primarily H-1B non-immigrants, or temporary workers in specialty occupations that require a particular expertise. The companies that are the subject of this investigation have asserted that the foreign workers have been brought to the U.S. to fill existing vacancies. However, the companies allegedly have not always had jobs available for these workers, thereby placing them in non-pay status after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in jobs and locations not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws.
The companies and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state and federal agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
"The foreign labor certification programs are designed to permit U.S. employers to hire foreign workers to fill jobs essential to American businesses," said Daniel R. Petrole, deputy inspector general, U.S. Department of Labor. "Our agency remains resolute in its commitment with its law enforcement partners to investigate fraud committed against these Department of Labor programs."
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the DOL's Wage and Hour Division safeguards the treatment and compensation of H-1B workers. Congress sets a numerical cap for the admission of skilled workers into the U.S. The current H-1B cap is set at 65,000 visas per fiscal year. H-1B aliens can work in the United States for three years, with an option for an additional three years (for a maximum of six years).
Those arrested Wednesday by ICE agents include:
1. Shiva Neeli, arrested in Boston, Mass.; charged with conspiracy and mail fraud.
2. Ramakrishna Maguluri, arrested in Atlanta, Ga.; charged with conspiracy and mail fraud.
3. Villiappan Subbaiah, arrested in Dallas, Texas; charged with conspiracy and mail fraud.
4. Suresh Pola, arrested in Pennsylvania; charged with conspiracy and mail fraud.
5. Vishnu Reddy, arrested in Los Angeles, Calif.; charged with conspiracy, mail fraud and wire fraud.
6. Chockalingam Palaniappan, arrested in San Jose, Calif.; charged with conspiracy, mail fraud and wire fraud.
7. Vijay Myneni, arrested in San Jose, Calif.; charged with conspiracy and mail fraud.
8. Venkata Guduru, arrested in New Jersey; charged with conspiracy and mail fraud.
9. Praveen Andapally, arrested in New Jersey; charged with conspiracy, mail fraud, wire fraud, and making false statements in an immigration matter.
10. Amit Justa, arrested in New Jersey; charged with conspiracy and mail fraud.
11. Karambir Yadav, arrested in Louisville, Ky.; charged with conspiracy and mail fraud.
The maximum sentence for conspiracy is five years in prison and a $250,000 fine. The maximum sentence for mail fraud is 20 years in prison and a $250,000 fine. The maximum sentence for wire fraud is 20 years in prison and a $250,000 fine. The maximum sentence for making a false statement in an immigration matter is 10 years in prison and a $250,000 fine.
The Department of Homeland Security has a multifaceted approach to detecting and investigating immigration and benefit fraud. ICE's Document and Benefit Fraud Task Forces were created in March 2006 to target and dismantle criminal organizations that threaten national security and public safety and close vulnerabilities in the immigration process. USCIS created the Fraud Detection and National Security Division (FDNS) to enhance the integrity of the immigration systems and to identify persons who pose a threat to national security or public safety. Cooperation between FDNS and ICE has helped to increase the incidence of enforcement actions. More information on these initiatives is available at www.ice.gov and www.uscis.gov.
The following agencies investigated or assisted in this case: U.S. Attorney's Office, Southern District of Iowa; U.S. Immigration and Customs Enforcement; U.S. Citizenship and Immigration Services' Fraud Detection and National Security Division; U.S. Department of Labor's Office of Inspector General; U.S. Postal Inspection Service; U.S. Department of State's Kentucky Consular Center (a field office of the Bureau of Consular Affairs); U.S. Diplomatic Security Service; U.S. Marshals Service; Social Security Administration's Office of Inspector General; Internal Revenue Service's Criminal Investigations; Des Moines Police Department; West Des Moines Police Department; Iowa Department of Transportation's Motor Vehicle Enforcement Office.
As with any criminal case, a charge is merely an accusation; a defendant is presumed innocent until and unless proven guilty. Because this investigation is in its early stages, it would be inappropriate to provide further details on the case at this time. As this is an open federal investigation, until further notice, the media is asked to direct any inquires on Operation Pacific Vision to the U.S. Attorney's Office, Southern District of Iowa's Public Information Officer, Mike Bladel at (515) 473-9342. No other agency is authorized to respond to questions on this matter.http://www.businessinsider.com/c/ac37544b8a469649de3bf900JohnFri, 13 Feb 2009 23:20:26 -0500http://www.businessinsider.com/c/ac37544b8a469649de3bf900
I" am a legal immigrant with a permanent green card. I have created literally hundreds of jobs for Americans. "
I'm sorry, that's pretty narcissistic. I've heard that from many an h1-b. Yeah it's nice to have a justification for destroying another country's professionals. I hope you tell your countrymen about your experience and they think twice before getting on that plane. Still, I don't blame you.
Well, the economy had to be destroyed before anyone started to do anything about the abusive hiring.
-I'm not sure why you guys keep thinking the h1-b has been limited to 65k per year. I've read several stories in mainstream media that made it clear <b>THE CAP HAS NOT BEEN ENFORCED</b> . More likely over 200k admitted under h1-b+ hundreds of thousands on L-1 and other visas.
http://www.businessinsider.com/c/dfb9b9144a4496493e234300rAinMaKeRFri, 13 Feb 2009 23:10:50 -0500http://www.businessinsider.com/c/dfb9b9144a4496493e234300
Hey Mickeyc...
If you don't want to be fingerprinted and photographed how about applying for citizenship, otherwise stop complaining and keep on paying your taxes...http://www.businessinsider.com/c/ff37544b4d439649248d1500rAinMaKeRFri, 13 Feb 2009 23:06:37 -0500http://www.businessinsider.com/c/ff37544b4d439649248d1500
Hmmmm...On Tuesday I am calling my friendly ICE agent and let him know about a few places where they can look at.....
About time the US Gov't start paying attention..http://www.businessinsider.com/c/ff37544b3c2f9649508a1500AshokaFri, 13 Feb 2009 21:41:00 -0500http://www.businessinsider.com/c/ff37544b3c2f9649508a1500
H1B and L1 visas are the most abused visas in the world. In which country do you see staffing firms openly advertising that, on job board, "Only H1B visas" are allowed to apply for their jobs!! Shockingly, I recently came across one such advertisement.
If you want to check how a resume with H1 attracts staffing firms, try posting a resume in some popular job sites mentioning that you have a valid H1, willing to work location and at any time!! You will be surprised how many of them are staffing firms and many are indian owned staffing firms hiding their true identity on their web sites!!
There is great benefit for the company hiring managers in getting a candidate through staffing firms. One reason which is (valid to some extent) is, they get to know the candidate before they plan to hire permanently (try and buy option!!). But, the main reason is, the hiring manager does not get any incentive if they hire a candidate internally which is cumbersome in lots of cases (I work for a 100+ billion dollar comany, and have seen a hiring process for a very long time not to notice). It is very easy to hire a temporary worker instead (who most likely work for them 6+ years anyway!!).
For over 10 years all along I have observed, H1 candidates who knew nothing getting trained from the same staff who are on their way out. After they let go experienced staff ( who are most likely citizens ), the companies hire more candidates from staffing firms on the pretext that, the work load has increased. The reality is, the newly replaced H1 candidate is inefficient due to his/her inexperience. But, the hiring manager can never say that!! or the company will fire him!!
Why companies prefer H1? There are various reasons, and the usual reason that, the talent is not available in US (they are no more better than a fresh graduate from any decent US Graduate school) is a big, convincing and a very popular lie spread through the media and news paper outlets. It is, their (H1B candidates) flexibility of working any odd hours, their willingless to accept any last minute un-scheduled deployments and outages at a short notice, their relative young age (mostly under 30) which makes them less likely to fall sick, saves companies huge money in terms of group health coverage, pensions, etc.
Once H1 candidate joins a team in a company, and you can see a flood of them in the team in few months. The reason is, staffing firms now have an insider to know the new requirements of the company and can influence better the hiring manager.
The staffing firms love H1bs, as H1b candidates are less likely to change jobs in any market as they do not want to disturb their green card processing. Recent immigration laws gives them some flexibility to change companies without losing the priority date of the GC filing. Still there are some fine prints in the law, that most H1 candidates are less likely to pursue that course.
For staffing firms, lots of immigration law firms, H1b visa is their bread and butter (They may dispute it, but it is a fact). A typical H1B-GC processing easily costs 12K+ for the candidate.
No US worker is afraid of a qualified H1/L1 candidate. Progress of an individual or a country is always dependent of moving forward with bright ones. It is the fraudulent way of bring the unqualified ones that is hurting the US workers and the overall work ethics in this country.
What is the fix? There is not much any of us can do as the whole system is corrupt. There has to be a whole new approach. Have a government body with experts in respective fields setup an exam (which is more practical oriented) and not theoritical based, and have new H1 new hires go through before they are brough in to the country. And, for such successful candidates, who gets through these strict evaluation of their skills, provide them a Green card right before they arrive (with in the limits set per country). This will prevent the staffing firms from body shopping. Everyone wins. Companies get bright candidates and the US worker jobs are protected as staffing firms are less likely to manipulate the hiring process.
http://www.businessinsider.com/c/ff37544b262c9649ea891500AndrewFri, 13 Feb 2009 21:27:50 -0500http://www.businessinsider.com/c/ff37544b262c9649ea891500
If you want to stop the outsourcers, target them directly - not the H-1B program.http://www.businessinsider.com/c/ff37544ba12b9649d4891500AndrewFri, 13 Feb 2009 21:25:36 -0500http://www.businessinsider.com/c/ff37544ba12b9649d4891500
Shoddy journalism. Once again, you're mixing up the outsourcing companies with the good tech companies that pay prevailing or higher wages.
From Wikipedia:
"Usage of H-1B by outsourcing firms - In 2006, these firms collectively were issued 19,512 of the 65,000 H-1B visas granted"
So over 2/3rd of companies play by the rules and hire qualified workers paid salaries at or higher than the prevailing wage. Those folks live in the US, apply for green cards, pay their taxes, and contribute to the overall American economy.
Sure, it sucks that some Americans can't get jobs. It's so easy to blame that on H-1Bs - those evil, scummy, dirty immigrants! But this is just protectionism, and it doesn't help a country.http://www.businessinsider.com/c/ff37544b6827964942891500mickeycFri, 13 Feb 2009 21:07:36 -0500http://www.businessinsider.com/c/ff37544b6827964942891500
I am a legal immigrant with a permanent green card. I have created literally hundreds of jobs for Americans.
When I came through immigration last week I got photographed and fingerprinted like I was being booked into county. "New policy" the immigration guy told me. OK, I replied - show me in writing where this new policy is. "Can't do that, it's secret".
Before everyone gets too excited about kicking out highly skilled workers they might want to think about how many jobs someone like me will create in the future.
Answer: zero.
Treat me like a crook in the country I live in and you'll get the businesses you deserve. The thought of Silicon Valley working without skilled immigrants or first generation Americans is hilarious.
Protectionism is the glug,glug,glug sound of a sinking ship.http://www.businessinsider.com/c/f87a6c790d1b9649934dd500jagorevFri, 13 Feb 2009 20:14:52 -0500http://www.businessinsider.com/c/f87a6c790d1b9649934dd500
Fuck Iowa and all Iowans. They aren't happy enough with their corn subsidies, now they want labor protectionism as well them? Fuck them all.http://www.businessinsider.com/c/ff37544bb31a964909871500BentlyFri, 13 Feb 2009 20:13:23 -0500http://www.businessinsider.com/c/ff37544bb31a964909871500
So business floods the skilled and unskilled labor market with illegal H1B/L1 visas and south of the border illegals in order to make more money and if anyone complains it is creeping protectionism.
What if consumers flooded the market with illegal copies of software or knock offs of patented products that these businesses make, if anyone complained would it also be creeping protectionism?http://www.businessinsider.com/c/ff37544b8a1696493a861500TJFri, 13 Feb 2009 19:55:38 -0500http://www.businessinsider.com/c/ff37544b8a1696493a861500
This is just creeping protectionism. If we have free movement of goods and capital, we should also have free movement of people.
Restricting mobility will not create prosperity for anyone. That's basic economics, which goes out the window when monkey nationalism is at issue.
And yeah, I know the US is not the worst offender in this regard, by far. But it appears intent on getting into contention for that spot, which is sad. Xenophobia is anti-American. It says so right on the Statue of Security, or whatever that thing in New York Harbour is called... the monument to what used to be America's highest value.
http://www.businessinsider.com/c/ff37544b910a964986811500JohnFri, 13 Feb 2009 19:04:33 -0500http://www.businessinsider.com/c/ff37544b910a964986811500
Look for the non-H1B label
when you are hiring that programmer, QA professional, or other IT geek. Remember somewhere our cubicles are programming,
our wages going to feed the kids, and run the house. We work hard, but who's complaining?
Thanks to the Congress we're paying our way! So always look for the non-H1B label,
it says we're able to make it in the U.S.A.!
http://www.unitehere.org/resources/song.php
http://www.businessinsider.com/c/f87a6c79aafb9549233ed500Bjorn TiplingFri, 13 Feb 2009 18:00:58 -0500http://www.businessinsider.com/c/f87a6c79aafb9549233ed500
Yeah I like the H1 B coverage, keep it up.http://www.businessinsider.com/c/dfb9b914dbf79549190e4300Joe DonutFri, 13 Feb 2009 17:44:43 -0500http://www.businessinsider.com/c/dfb9b914dbf79549190e4300
I don't recall Vision Systems Group Inc. particularly, but South Plainfield through Edison does have a large immigrant population, many of whom are or were H1B holders. Glad to see criminals caught. I hope the price paid by individuals duped by this firm is low, but still glad to see criminals caught.http://www.businessinsider.com/c/dfb9b9141ee89549cc044300LawrenceFri, 13 Feb 2009 16:37:34 -0500http://www.businessinsider.com/c/dfb9b9141ee89549cc044300
This coverage alone has made me recommend your site to several people. I'm not a programmer, but in the general sciences (biology/biotech/chemistry) the abuses are rampant. There are likely as many h1-b shops in the physical sciences as exist in engineering and programming.
I've worked in several contract positions and what angers me most is the jaw dropping incompetence of many of the h1-b hires. People fail to realize how narrowly educated many foreign tech-people are.
Hence take them 1 degree outside their specialization area and they are helpless.
http://www.businessinsider.com/c/ff37544b37e1954961701400Shivram GaneshpathiFri, 13 Feb 2009 16:08:08 -0500http://www.businessinsider.com/c/ff37544b37e1954961701400
I am knowing java and having good job only.http://www.businessinsider.com/c/f87a6c7957dc95495e2fd500BenFri, 13 Feb 2009 15:47:19 -0500http://www.businessinsider.com/c/f87a6c7957dc95495e2fd500
I'm shocked!
If they decide to audit Intel or Microsoft, they'll need an army of agents. Hey - job creation!